HomeMy WebLinkAbout20172544.tiffAugust 9, 2017
Petitioner:
MARKET SQUARE LLC
4949 BROADWAY ST STE 105
BOULDER, CO 80304-0537
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
SULLIVAN VALUATION SERVICES GROUP
P O BOX 664
EVERGREEN, CO 80437
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTICE OF DECISION
Docket #: 2017-2544 Appeal #: 2008217099 Hearing Date:
Dear Petitioner:
On the day indicated above, the Board of County Commissioners of Weld County Colorado
convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered
petition for appeal of the Weld County Assessor's valuation of your property described above, for the year
2017.
Account # Decision
The Assessment and valuation is set as follows:
Actual Value as Actual Value as Set by
Determined by Assessor Board
R4952308 Stipulated - Approved
Stipulated Value
$4,409,445 $4,300,000
A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30)
days of the date the denial is mailed to you. You must select only one of the following three (3)
options for appeal:
1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of
Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be
the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your
valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals
pursuant to C.R.S. Section 39-8-108(2), only the record of proceedings from your hearing before the Board
of Assessment Appeals and your legal brief are filed with the appellate court.
All appeals to the Board of Assessment Appeals filed after August 10, 2016, MUST comply with the
following provisions of C.R.S. Section 39-8-107(5):
(5)(a)(I) On and after August 10, 2011, in addition to any other requirements under law, any petitioner
appealing either a valuation of rent -producing commercial real property to the board of assessment appeals
pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10-114 shall
provide to the county board of equalization or to the board of county commissioners of the county in the
case of an abatement, and not to the board of assessment appeals, the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the relevant property tax year;
(C) Itemized expenses for two full years including the base year for the relevant property tax year; and
(D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject
property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for
two full years including the base year for the relevant property tax year.
(II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within
ninety days after the appeal has been filed with the board of assessment appeals.
(b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county,
as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal
with the board of assessment appeals not more than ninety days after receipt of the petitioner's request, the
following information:
(A) All of the underlying data used by the county in calculating the value of the subject property that is being
appealed, including the capitalization rate for such property; and
(B) The names of any commercially available and copyrighted publications used in calculating the value of
the subject property.
(II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b)
shall redact all confidential information contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this
subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the county may move
the board of assessment appeals to compel disclosure and to issue appropriate sanctions for
noncompliance with such order. The motion may be made directly by the county attorney and shall be
accompanied by a certification that the county assessor or the county board of equalization has in good faith
conferred or attempted to confer with such petitioner in an effort to obtain the information without action by
the board of assessment appeals. If an order compelling disclosure is issued under this paragraph (c) and
the petitioner fails to comply with such order, the board of assessment appeals may make such orders in
regard to the noncompliance as are just and reasonable under the circumstances, including an order
dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer
shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest
shall resume as of the date the contested information has been provided by the taxpayer.
Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be
mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to
you
The address and telephone number of the Board of Assessment Appeals are:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, Colorado 80203
Telephone Number: 303-864-7710
Email: baa@state.co.us
Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the
first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent
must pay a fee of $101.25 per appeal.
OR
2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to
the District Court of the /county wherein your property is located: in this case that is Weld County District
Court. A hearing before The District Court will be the last time you may present testimony or exhibits or
other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further
appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(1), the rules of Colorado appellate
review and C.R.S. Section 24-4-106(9), govern the process.
OR
3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this
option, the arbitrator's decision is final and you have no further right to appeal your current valuation.
C.R.S. Section 39-8-108.5 governs this process. The arbitration process involves the following:
a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue
arbitration. You and the Board of Equalization will select an arbitrator from the official list of
qualified people. If you cannot agree on an arbitrator, the District Court of the county in which
the property is located (i.e., Weld) will select the arbitrator.
b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the
date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of
Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator
has the authority to issue subpoenas for witnesses, books, records documents and other
evidence pertaining to the value of the property. The arbitrator also has the authority to
administer oaths, and determine all questions of law and fact presented to him. The
arbitration hearing may be confidential and closed to the public if you and the Board of
Equalization agree. The arbitrator's decision must be delivered personally or by registered
mail within ten (10) days of the arbitration hearing.
c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the
Board of Equalization. In the case of residential real property, the fess may not exceed
$150.00 per case. For cases other than residential real property, the arbitrator's total fees
and expenses are agreed to by you and Board of Equalization, but are paid by the parties as
ordered by the arbitrator.
If you have questions concerning the above information, please call me at (970) 400-4226.
Very truly yours,
azi,„e
Esther E. Gesick, Clerk to the Board
Weld County Board of County Commissioners
and Board of Equalization
Cc: Christopher Woodruff, Weld County Assessor
COUNTY BOARD OF EQUALIZATION
WELD COUNTY
Single County Schedule Number R4952308
STIPULATION (As To Tax Year�,Z0I7, Actual Value)
RE PETITION OF :
NAME: Market Square LLC
ADDRESS: 3 820 W 10th St
Greeley, CO
Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation
regarding the tax year 2017 valuation of the subject property, and jointly move the Board
of Equalization to enter its order based on this Stipulation.
Petitioner (s) and Assessor agree and stipulate as follows:
1, The property subject to this Stipulation is described as:
OR MSSC LOT 2 MARKET SQUARE SHOPPING CENTER EXC BEG AT
INTERSECT OF /L 39 AVE S LH W 10 ST N85Din 61.5l' TO TRUE
POB N8 D13'E 152.98' SO4D46'E 170' 885D13' 175.43' TO E LN 39
AVETN 27.02' ALO CURVE TO RIGHT (}t=420' CiA=03D411CHORD
NO9D2 t 27.011) NO7D31'W 111.77' TEl 48.56' ALG CURVETO RIGHT
(R=30' JA' 92D►45' CHORD N38D511E 43.43') TO BEG
2. The subject property is classified as commercial property.
3. The County Assessor originally assigned the following actual value to the
subject property for the tax year 2017:
Total $4,409,445.00
4. After further review and negotiation, Petitioner (s) and Weld County Assessor
agree to the following tax year 2017 actual value for the subject property:
Total $4,300,000.00
5. The valuation, as established above, shall be binding only with respect to tax
year 2017.
6. Brief narrative as to why the reduction was made:
Further review of all approaches to value indicated an adjustment.
7. Both parties agree that:
R4952308
I
The hearing scheduled before the Board of Equalization on 8/2/2017 at
1:30 PM be vacated.
1:A hearing has not yet been scheduled before the Board of Equalization.
DATED this
st day of July, 2027.
or A-c�ent�or Attorney
Address:
uili an Valuation Services Group LLC A ttt
r�r-�. - • --rte
PO Box
Evergreen CO 80437
for Market Square LLC
Telephone:. 30273.0138_
Docket Number
Stip-1
R4952308
ouritrAttor e
Respondent, Weld County Boa
Commissioners
Address:
1150 "O" Street
P, + Box 758
Greeley, CO 80632
Telephone:(970) 336-7235
‘tia‘
C•'r my Ass ' am:1r
Address:
1400 Noirith Avenue
Greeley, CO 80631
Telephone: (970) a53-3845 ext. 3697
2
p
NOTICE OF DETERMINATION
RECEIVED
Christopher M. Woodruff
Weld County Assessor
1400 N 17th Ave
Greeley, CO 60631
JUL 1 9 7017
WELD COUNTY
COMMISSIONERS
Date of Notice: 6/30/2017
Telephone: (970) 400-3650
Fax: (970) 304-6433
Office Hours: 8:OOA'I' — 5:O0PM
NT NO
T YEAR
� AREA
LEGAL DESCRIPTION/ PHYSICAL LOCATION
R4952308
2017
0600
GR MSSC LOT 2 MARKET
TER EXC BEG AT INTERSECT
S LEI 1{' 10 ST N5 5 a
GB N85 L 13'E 152,98'
13W 178.43' TO E LIB
LG CURVE TO RIGHT
3820 W 10TH ST
GREELE' , CO
SQUARE
OF
13' E 61.51' TO
S04D48' E 170'
39 AVE TIC
(R=420' C/A=03D41'
SHOPPING
CAL 39 AVE
TRUE P'
S88a
27 02' A
CHO
CEN
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g
w
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ce
as
IMARKETSQUARELLC
94 BROADWAY G# a' 1AY
BOULDER, CO 80304-0537
I
ST STE 1
PROPERTY CLASSIFICATION
I
ASSESSOR'S VALUATION
PRIOR TO
REVIEW
ACTUAL VALUE AFTER
7 7-
REVIEW
ACTUAL VALUE
COMMERCIAL
4,501,180
4,409,445
TOTAL i
$4,601,160
$4,409,445
The Assessor has carefully studied ail available information, giving particular attention to the
specifics included-. on your protest. The Assessor's determination of value after review is based on
the following:
C 03 - After review of your property, we have made adjustments. This was done because of
additional information obtained, or provided through the appeal process.
If you disagree with the Assessor's decision, you have the right to appeal to the County
Board of Equalization for further consideration, § 394406(1)(a)„ CUR. .
The deadline for filing real property appeals is July 15.
The Assessor establishes property values. The local taxing authorities (county, school district, city,
fire protection, and other special districts) set mill levies, The mill levy requested by each taxing
authority is based on a projected budget and the property tax revenue required to adequately fund
the services it provides to its taxpayers. The local taxing authorities hold budget 'hearings in the fail.
If you are concerned about mill levies, we recommend that you attend these budget hearings.
Please refer to last years tax bill or ask your Assessor for a listing of the local taxing authorities,
Please refer to the reverse side of this notice for additional information.
Agent (If Applicable}:
NI( tic Vs- S v leg YAK] r A434;0-1
'7o 6069
Ever, ree..l Co (fog '
2017-2544
16 -CPT -AR
PR 207-08/13
84952308
SEA ALorz+ td$'c.
APPEAL PROCEDURES
County Board of Equalization Hearings will be held from
July 24th through August 4at 1160 0 Street
decision, complete the Petition to the
To appeal the Assessor's County Board of Equalization shown � belowand mailfile online, or deliver a copy of both sides of this form to:
t d
Weld County Board of Equalization
1150 O Street, P.O. Box 758
Greelby, CO 80631
Telephone: (970) 356-4000 ext, 4225
Online: httpliwvvw,co.weld.co.us/appsichod
To preserve your appeal rights, your Petition to the County Board of Equalization must be
postmarked or delivered on or before July 15 for real property -� after such date, your right to
_ �,
appe
al is lost. You may be required to prove that you filed a timely appeal; pPeal; therefore,we
recommend that all correspondence be mailed with proof of mailing.
You will be notified of the date and time scheduled for your hearing: The County Board of
idecision to you within five business days following the date of the
Equalization must mail a written �� - - by _
.r Equalization must o ncludla hearings and render decisions August
decision. The County Board of q; r � County Board of Equalization and
5 -5-107 2), C. . . If you do not receive a decision from the "
' § � with the Board of Assessment Appeals by
you wish to continue your appeal, you must file an appeal
September 10, § 39-2-125(1)(e),. R.S.
with the County Board of Equalization's decision and you wish to continue your
if you are dissatisfied t � Board's written decision to ONE of
appeal, you must appeal within 30 days of the date of the count
pp' �
the following:
Board of Assessment Appeals
1313 Sherman Street, Room 315
Denver, CO 80203
(303) 866-5880
w .dola.coIorado.covibaa
lndwnirbitratior the address listed for the County Board
For a list of arbitrators, contact the County Commissioners at
of Equalization.
If the date for fil
ing any report,
schedule, claim, tax return, statement, remittance, or other document
falls upon Sunday, or legal holiday, it shall be deemed to have been timely filed if flied
on the next business day, § 394420(31 CRS.
.
PETITION TO COUNTY BOA
RD OF EQUALIZATION _ 1
opinionof a
estimate of. the property's value as of June 30, 201 ? (Your of value in terms
What is your R' P �'-� 1.� �,F�..
specific. dollar amount is required for real property pursuant to 39- ),
S.3ais for your estimate of value or your reason for requesting a review? (Please attach
) 001-3
fat the basis
additional sheets as necessary and supporting documentation, i.e. , comparable sales, rent roll, original
any
installed cost, appraisal, etc.)
District Court
Contact the District Court in the County
where the property is located. See your
local telephone book for the address and
telephone number.
ATTESTATION_
agentl of the property identified above affirm that the statements contained herein
I, the undersigned owner or p p +''
and on a tachments hereto are true and complete.
20z,,,2 13 Oar / Sre --4)-01
Date
ture
mail Address
Telephone Number
' Attach letter of authorization signed by property owner.
16-DPT-AR
PR 207-08113
R4484006
Petition to County Board of Equalization - 2017
AI N # R4952308
Property Address: 3820 W it St. Greeley
Owner: Market LLC
Date: July 15, 2017
Attn: Weld County Board of Equalization
1150 0 Street PO Box 758
Greeley CO 80631
A signed, letter of authorization is attached for the property review. Please provide additional mailing of
the hearing date/time, and the OBOE results to:
Patrick Sullivan CMI
Sullivan Valuation Services Group, LLC
PO Box 664
Evergreen, CO 80437
AGENCY AUTH RIZATION
To All Parties:
The owner of record designates the assigned agent, Sullivan Valuation Services Group, LIC, its principal
members (Patrick Sullivan), contractors, and agents, to act on behalf of the owner in matters
pertaining to the review and administrative appeals of property valuation, property classification,
clerical calculations and errors, to the assessor, county board of equalization, county arbitration and
r
board of assessment appeals.
Owner of Record: Mar l quare LLc
Signature:
Name:
Title:
Nader Ghadimi (for Market Square LLC)
Managing Member / Member / Owner
Property:
Account/Schedule: R4952308 (Parcel 095911137002)
Address: 3820 W 10th 5t. Greeley
Tax Years: 2017* 2018 appraisal cycle
Correo►ndence:
Property Tax Agent ;
Patrick Sullivan, CMI
Sullivan Valuation Services Group, LEC Tel -{303) 273-0138
Mail: PO Box 664 Evergreen, Co 80437
NotaryPu bl� c:
State of Colorado, County of Boulder.
The foregoing letter of authorization and signatory was acknowledged before me on day of
-.3:€041/4 %%ay 2017.
Witness my hand and official seal
a sy. ikajt
Notary Signature:
ins
LISA YOUNESSIAN
NOTARY PUBLIC
STATE OF COLORADO
'JOTAR'I iD #201440173843
• 1 tz.iirnrrussion Expires April 24r 20 },0
..tea
a
Official Seat
WELD COUNTY ASSESSOR
CHRISTOPHER M. WOODRUFF
1400 N 17TH AVE
GREELEY, CO 80631
DATE: May1,2017
ACCOUNTNUIUIBER
R4952308
TAX YEAR
2017
2017 REAL PROPERTY NOTICE OF VALUATION
Phone: (970) 400-3650, Fax: (970) 304-6433
Office Hours, 8:00 a.m. - 5:00 p.m. M -F
appeals@weldgov.com
www.weldgov.com
TAX AREA CODE
O600
no
0
EN
EE
PR
T
F i l''_ I
MARKET SQUARE LLC
4949 BROADWAY ST STE 105
BOULDER CO 80304-0537
COMMERCIAL
CLASSIFICATION
TOTALS
TAXPAYER COPY
PROPERTY DESCRIPTION (MAY NOT BE COMPLETE)
095911137002
GR MSSC LOT 2 MARKET SQUARE SHOPPING CEN TER EXC
BEG AT INTERSECT OF CIL 39 AVE & S LN W 10 ST N85D13'E
61.51' TO TRUE PUB NBSD 13'E 152.96' SO4O4B'E 170' SSSD
13W 175.43' TO E LN 39 AVE TH 27.0? A LO CURVE TO RIGHT
(R=420' C/A=03O41' CHO
PRIOR YEAR ACTUAL VALLUE CURRENT YEAR ACTUAL VALUE
4,217,731
4,601,160
4,217,731 I 4,601,150
+ UR CHANGE
+383,429
+383,429
Using the above values, the estimated tax based on the prior year value was $90,498_
Using the above values, the estimaturl tax based on the current value is $983.25.
This results in an increase of x-$8,227. This estimate is based on 2016 tax rates_ You will receive a tax bill in 2018.
The current year tax amount is merely an estimate based upon the best informadon available. You have the right to protest the adjustment in
valuation, but not The estimate of taxes, 39-5-12 1(1.5). C.R.S.
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For specific property characteristic details, please see the Building Information and Valuation Information Tabs on your Property Report.
PLEASE REFER TO THE BACK OF THIS FORM FOR GENERAL INFORMATION CONCERNING YOUR PROPERTY VALUATION AND YOUR APPEAL RIGHTS.
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July 21, 2017
Petitioner:
MARKET SQUARE LLC
4949 BROADWAY ST STE 105
BOULDER, CO 80304-0537
CLERK TO THE BOARD
PHONE (970) 400-4226
FAX (970) 336-7233
WEBSITE: www.co.weld.co.us
1150 O STREET
P.O. BOX 758
GREELEY CO 80632
Agent (if applicable):
SULLIVAN VALUATION SERVICES
GROUP
P O BOX 664
EVERGREEN, CO 80437
RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO
NOTIFICATION OF HEARING SCHEDULED
Docket #: 2017-2544, AS0097 Appeal #: 2008217099 Hearing Date: 8/2/2017 1:30 PM
Account(s) Appealed:
R4952308
Dear Petitioner(s):
The Weld County Board of Equalization has set a date of AUGUST 2, 2017, at or about the
hour of 1:30 PM, to hold a hearing on your valuation for assessment. This hearing will be
held at the Weld County Administration Building, Assembly Room, 1150 O Street,
Greeley, Colorado.
You have a right to attend this hearing and present evidence in support of your petition.
The Weld County Assessor or his designee will be present. The Board will make its
decision on the basis of the record made at the aforementioned hearing, as well as your
petition, so it would be in your interest to have a representative present. If you plan to be
represented by an agent or an attorney at your hearing, prior to the hearing you shall
provide, in writing to the Clerk to the Board's Office, an authorization for the agent or
attorney to represent you. If you do not choose to attend this hearing, a decision will still be
made by the Board by the close of business on August 5, 2017, and mailed to you within
five (5) business days.
Because of the volume of cases before the Board of Equalization, most cases shall be
limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative
that you provide evidence to support your position. This may include evidence that similar
homes in your area are valued less than yours or you are being assessed on improvements
you do not have. Please note: The fact that your valuation has increased cannot be
your sole basis of appeal. Without documented evidence as indicated above, the Board
will have no choice but to deny your appeal.
If you wish to obtain the data supporting the Assessor's valuation of your property, please
submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you
have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will
notify you of the estimated cost of providing such information. Payment must be made prior
to the Assessor providing such information, at which time the Assessor will make the data
available within three (3) working days, subject to any confidentiality requirements.
Please advise me if you decide not to keep your appointment as scheduled. If you need
any additional information, please call me at your convenience.
Very truly yours,
BOARD OF EQUALIZATION
Esther E. Gesick
Clerk to the Board
Weld County Board of County Commissioners
cc: Christopher Woodruff, Assessor
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